davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
BRANEAMAN'S SEAT.

The action Of the Democratic majority in
seating Brannaman in the place of Mcdonald
has ludicrous phase. The law recognizes
two kinds of disqualifcations in candidate
for ofGce-one an ineligibility for election and
the other disqualification to hold. In the
first case, if it be public or notorious in
eligibility the votes cast for him are thrown
away and his opponent is elected In the sec
ond case the disqualified candidate cannot
hold the office after his disqualification is
proved, but that does not work the election of
his opponent The charge against Mcdonald
was bribery. This was not proved, but was
assumed to be. If true, it did not render
| him ineligible to be elected, but did dis
| qualify him to hold the Office. and his re-
moval would leave vacancy. But it was
necessary to seat Brannaman as well as unseat
Mcdonald. To do this, it must be assumed
that Mcdonald was not merely disqualified but
ineligible to be elected, and that those who
voted for him knew it. So Jason Brown, at
torney for the contestant, would ask wit
ness, ''Well, was it generally known that Nc
Donald was bribing voters?" The witness
would answer yes. Common rumor, was it,
Yes. Then Jason instructed the committee
that this common "rumor was notice to every
body of McDonald's ineligibility, and conse
quenily Brannaman was elected. The com
mittee so reported and the Senate so ordered
Thus Jason made new principle of law. and
made Senator at the same time, killing two
birds with one stone But when Brannaman'
vote for United States Senator is recognized il
Washington, we hope Jason will inform us
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
STATE SENATOR MCDONALD.

So long as the brutality of the Democratic
State Senate confined itself to the whole Re-
publican side Of the chamber, it did not take on
necessarily the character Of personal outrage;
but when it changed its object, and singled out
particular Senator, it changed its character
from that of wholesale indecency to particular
infamy. The method of the unseating Of
Senator Mcdonald. of jackson, makes that
act crime against all personal and
private rights, which should be resented by
every one loving fair play, and caring any
thing for the protection of character and rep
utation. The charge against Mr.. Mcdonald
was that of bribery. This is a high crime
and no delberative body with proper
respect for itself, with decent regard FOR the
Constitution and laws, and for their oaths of
office, or with the most ordinary conception
of the rights of a citizen, would attempt to
fasten such charge upon any member except
upon the most positive proof, and after fair
impartial and exhaustive hearing What the
Senate of Indiana did with Senator Mcdonald
is known to all the people. A mock hearing
before committee, the majority Of which
had made up their report before the evidence
was heard, was all that was granted. The
chairman of the committee violated his word
of honor(7) to the minority by denying them
the right to make any report, or to
adduce a syllable Of evidence, %,
to offer word of defense in
debate. Like band of cut-throats and assas-
sins, under the lead of political highway
man and pusilanimons adventurer, the
majority of the Senate adopted a report based
upon an ex parte statement, and expelled from
his seat, to which he had been elected by 9
majority of more than five hundred, mar
the latchet of whose shoes his prosecutors are
not worthy to unloose No such scoundrell,
outrage was ever perpetrated in tht
State before. In the case of Mr.
Burson, there was the seeming fairness of per
| hitting evidence to be heard and argument
made, but in this case there was neither. II
the contested election case in the House, re-
sulting in the unseating Of Mr.. Meagher
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

there was nothing affecting his personal honor
or private character. It was plain consti-
tutional and legal question, and Mr.. Meagher
returns home with unimpaired reputation, and
upcn it.
The evidence in the case of Mr.. Mcdonald,
from the majority point of view was of the
fimsiest. The men who testified that Mr..
Mcdonald gave them money also testified that
he never asked them to vote for him, and in
Decd every one of them said they voted for his
opponent To this testimony no counter
evidence was permitted to be given to the
Senate, but within fifteen minutes of the clos
roaded through the Senate under the
whip and lash of constituencies and cowardly
political foot-pads. Mr.. Mcdonald is one of
the most prominent and influential citizens of
his district. He is hard working man, with
large business interests and the employer Of
workingmen. He has contributed to the
business prosperity and success Of his county
by his means and personal effort
and his popularity was attested by
the magnificent vote he received in strong
Democratic county. If it were possible for
the people to express themselves again, as
between him and his opponent, who was
| seated in defiance Of every principle of law
| and justice and in the face Of every decision
| in the law books of the State, he would carry
even the county of jackson by hundreds of
| votes against the man who occupies his stolen
seat in obedience to the demand of the gang
Of Democratic Office thieves. The action of
the Senate will not hurt Mr. Mcdonald. 1t is
against ali law and all rules of evidence.
| His expulsion may be of some value to Dem
ocrats 90 far as State matters are concerned,
because they have the power and the brutal
| instinct to use it; but it will not make vote
| for a United States Senator. The Senate Of
| the United States will not indorse such dis
| graceful attempt at assassination Of character
and such burglarous violation of law, with
the intent to break into that body. No Dem
ocrat can force an entry into the Senate Of
the United States with a jimmy, or with 6
bludgeon.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

LAST Sunday afternoon Gen. Lew Wallace
read, by invitation. the crucifxion scene from
ben Hur" TO an audience assembled in one of
the Methodist churches of st Louis Some of
the clergymen of that city are dreadfully scan
dalized over the affair. regarding the reading of
imaginative works in such places out OF har-
mony with Christian expediency and propriety.
If the rule is to prevail that Imagination is to
have no play in the pulpit it will bear hard
upon sermon writer's. Confined strictly to un-
sputed facts they will have small stock in
trade
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

LET us ask any respectable or reputable
lawyer, Republican or Democrat, if he can
look at the question in an bipartisan manner,
whether it is to be presumed for a moment
that the writ of any court, inferior or su-
lative chamber, or invade the desk Of the pre-
siding officerf Can anyone, with a fair idea
Of the proper independence of the several CO
ordinate departments of the government, inn
agine that a judicial writ can invade legisla-
tive body and assume to control legislative
action2
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

The News says as to the matter of the peo-
Piles right to elect officers in a constitutional
way, that ''they have defined this way as to
the lieutenant governorship to be once in every
four years." May we venture to suggest to
the omniscent News that from its own point OF
view this is the very question involved, and
that question despite the dictum of the News or
the dictum of court. The people are not
very apt to accept even the decision of a
court in political question as q deliverance
from Sinai The obstreperous people of the
United States have way Of expressing their
own opinion upon politico-j judicial decisions.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
THE ATTORNEY GENERALS OPINION.

We reprint the official opinion of the late
Democratic Attorney general Hord regarding
the ieutenant-governorship. It was given on
the 5th of August last, in response to writ
ten communication from the Governor sub
uniting certain questions for reply. 1t was
accepted as good law then, as it was and is
now-much better law than any or all Of the
Democratic revolutionists have been able to
evolve. He demonstrates, beyond doubt,
that the office having been vacated by General
Manson. law and usage required it to he filled
by the people at the next general election
He says: ut is the policy of the law that
when the regular order is broken by a
vacancy, the Office in which it occurs shall
not remain untitled longer than necessary;
but such offices, as far as possible, should be
bestowed upon the incumbents by the voters,
and an office should be filled by appointment
only until the voters can themselves fill it at
| regular election" He cites authorities in
support of this position. UHquestionably il
is the true position, good law and sound pub
lie policy. 1t is the position the Journal has
maintained from the beginning Of the present
| controversy, though we had forgotten that
| Attorney general Hord had stated it SO aptly.
Every point in his opinion is sustained by
| authorities, and his conclusion that the people
should elect Lieutenant governor for the
remainder of Manson's unexpired term is
absolutely sound in logic and law. In the
/ light of recent events the opinion will repay
careful reading.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

IT is only parliamentary usage and cour-
tesY that gives to the presiding officer of the
Senate the right to preside over convention Of
the two houses of the Legislature. In view Of
the conduct Of the brutal bully now
occupying the Senate chair, We should like to
see the Republican so pusillanimous as to
permit him to preside in joint convention in
a House controlled by Republicans. The
President of the Senate has no conception
either of parliamentary usage or courtesy, and
there is no Republican who would tolerate his
presidency for a moment in joint convention.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

In the case of Smith VS.. the Lieutenant
governor the conspirators have succeeded in
staving off an Immediate decision by the Su-
preme Court. They accomplished this by pre-
venting the transcript in the case from being
made up in time to be filed so as to get de-
cision before the meeting of the joint conven-
ton to day Colonel fsobertsons counsel were
anxious to have this DONE and offered to fur
nish the necessary clerical assistance without
expense to County Clerk Sullivan; but that
official refused assistance aud managed to de-
lay the completion of the transcript until after
noon yesterday. Asitwas too late then to argue
the case and get decision before noon TO- day.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

THE people certainly have the right to
choose their own public officers, and they
most certainly exercise that right. But they
exercise it as only a law-abiding people can. in
certain well-defned ways. They have defined
this way as to the lieutenant-governorship to
be once in every four years.-The News.
Correct as to all but the last sentence. The
people have not, in our opinion, decided in
their Constitution that the Lieutenant gov
ernor shall be elected but once in four years
The News confounds an ''official term" with
an official title. The Constitution makes
the official term of the Lieutenant-gov-
ernor four years, but it docs not
say every man thereto elected shall hold it
so long. The incumbent of the office may
die, but the official term, with the functions
and emoluments of the office, runs four years.
The dead man cannot perform the duties, but
! another one, elected by the people, may, and
his official term ends with the original four
years. The language Of the Constitution is
during four years." It says 'shall hold,
etc. If we are to construe the Constitution
literally, and stick in the bark a person once
elected Lieuteuant-governor cannot get out Of
Office for four years, even by resigning O,
dying. The Constitution means that the
Lieutenant governor shall not hold longer
than four years; that the people shall elect a
least once in four years. 1t follows that they
| may elect oftener, If circumstances require.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
COMMENT AND OPINION.

FRANK HUND wants to see the tariff question
settled. What, aganf-Pittsburg Chronicle.
WHEN Mr.. Green Smith. of Indiana. was bap-
tized they didn't make any mistake Ia naming
him.-Philadephia Record Dem.
HENRY GEORGE saws that an income tax Is q
tax on ssconscieucer We beg to assure Mr..
George that tax on conscience wouldn't raise
enough money to feed a pointer dog.-Atlants
Constitution.
NUMEROUS as the Smith family is 1t complains
of the Inconvenience of distributing and carrying
the fresh load OF disgrace cast upon It's hands by
tho Smith who has Mexicanized the Indiana
Senate -Nationai Republican.
SENATOR VOORHEES, announces that Indiana
Democrats s.ars ready for any phase of the con-
test physical or otherwise" We do not fancy
they will do any fighting. however When an
Indiana Democrat wants Co fight he does so by
proxy or substitute Press.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

WHEN the English people take hold Of an
enterprise they do it in earnest. Over $780,
900 have been subscribed for Stanleys Emin
Pasha relief expedition, and the Baroness Bur-
dett Coutts personally guarantees the expedi-
ton against pecuniary loss.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
ANOTHER sUPPosITITIoUs CASE.

The Constitution of the State provides that
in the event of vacancy" in the office of
both Governor and Lieutenant-governor the
General Assembly shall provide what officer
shall then act as Governor. The Legislature
has assumed to do this by saying that the
President of the Senate shall so act until the
vacancy is filed" We pass the point, for the
present, that by the enactment of this law the
General Assembly has declared that ia va
cancy shall be filled" evidently at another
time than at the quadrennial cleo
ton, when there will be no va
cancy to be filled, but an election for
full term only. The theory Of the
Democrats is that vacancy in the Office Of
Governor or Of Lieutenant-g governor can only
be filled by succession. In the statute it is
very plain that the General Assembly thought
otherwise, and that the Succession Of the
President of the Senate should only last until
the vacancy be filed We submit this
point for the attorneys in the case, and for the
consideration Of the Supreme Court. But
our present purpose is to say that this
statute is held to be clearly rerugnan
| to the third article of the Constitution.
| Suppose that the Legislature should pass a law
in harmony with that article. providing that
In such an event some officer of the admins
| trative department should act as Governor,
| say, for instance, the Secretary of State. as is
| provided by the federal law Now, Govern
or, Lieutenant governor and Secretary OF
| State are elected in 1884 The Governor and
| Lieutenant-governor resign or die, or vacate
their Office for other reasons, within week OF
their Inauguration or at some time be-
fore the next general election. The
Secretary of State becomes acting Governor,
His term of office as Secretary, by which
alone he is authorized to act az Governor, ex-
pires in 1856 Shall he. hold over as acting
Governor until 1882 The absurdity of that
position is apparent. Then, shall the people
at the general election of 1856, elect Secre
tary of State distinctly with the idea of his
becoming acting Governor, thus, in fact
electing him to two oficesa The alb
surdity of this is also equally evi
dent The plain common sense O
| the Constitution and laws would be that at the
election in 1885, ''when members of the Gen
eral Assembly are elected" which is the onl,
restriction as to the time when these officers
may be chosen, both a Governor and Lieuten
ant-governor shall be elected, and s.the va
cancy be filed" This method of interpreting
the Constitution and laws provides for thu
orderly procedure of the government, withou
hitch or friction, the temporary officer tenn
porarily discharging the duties of the highe
Office until the vacancy be filled" TIL
theory of the Green Smith lawyers would in
volve endless and inextricable confusion ant
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

COLONEL GREEN SMITH is reported to
have said that he "cant stand this strain
much longer" The Journal has feared that
the situation was wrenching the Smith intel
lect out of joint, but it can only suggest, by
way of relief, that there is no law compelling
him to stand the strain another minute, while
there are several forbidding him to do so.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

A BILL has boon introduced in Congress APP
proTriating 800, 600, to be expended under
direction Of the Secretary Of War, for "boring
into the crust of the earth with view to ex-
tending and enlarging our knowledge of the
features aud peculiarities of its formation and
structure" The boring ought not to 90 too
deep; it might break intoa Democratic caucu s.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

the hearing was postponed. The conspirators
worked to this end and succeeded. Pretend
ing to be anxious to get decision Of the SUI
preme Court before the meeting of the joint
convention to-day, they have timed every
moment and act so as to stave it off, 1t re-
mains to be seen whether they will reap any
advantage bv their trickery.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

THERE is talk in Washington Of an eques-
irian statue of General Logan, the cost to be
borne by Congress Several of the army and
naval heroes of the war have been thus hon
ored, and it would be fitting recognition of
the military services of the typical volunteer
general. The amount named as suitable for
the purpose is 5000, which was the cost OF
the Mcpherson statue.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

THE attention Of Indiana bankers is directed
to the advertisement of the United States Bank
jackson, Dwiccins & CO.. No 90 LaSalle street,
Chicago, H.. elsewhere in this issue. The part
ners in this institution mostly from Indiana,
and from long experience as bankers in this
State have acquired very fully the knowlego OF
the needs of country bankers They will giva
especial attention to their wants, and they 500
licit liberal share of THAR business. This bank
10 4 strong one. and should meet with ENCOURAGES
ment fro.s Indiana banking houseA
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

= AS an example of what Vassar can do, the
spectacle Of the young woman who orders her
mother out of the room, owns nine dogs and
wants to marry convicted murderer will not
commend that institution to the careful
parents seeking q place in which to educate
their daughters in the way they should go.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

SECRETARY LAMAR is said to be greatly i'm
proved by his marriage So was Mr.. Cleye-
land. Now, if something could be done to
improve the members Of the Cabinet who are
already married, there might be hope for the
administration.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

CARDINAL GIBBONS is writing book on
the labor question. IT, as is indicated by the
authorship Of other books on the same sub.
Jet, the first and indispensable qualification
manual laber, then, undoubtedly, the Cardinal
will produce work that will solve all the
nroI..nr
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

SPEAKING of the seating of Brannaman in
says ''The real purpose was to unseat a
Republican in retaliation for the unseating Of
Meagher. There il no flavor Of law or right
in the action. 1t is simply partisan action,
and stamps the Democrats as pursuing the
same course with which they began
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

A CHICAGO paper says Lucy Parsons has
written letter to the Democratic members
of the Indiana Legislature beginning yellow
Anarchists" Lucy probably wants to find
out how it happens that they are out of Jail.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

A PAMPHLET prepared In San Francisco. rela-
tive to the dried fruit and nut crop Of California
expresses the opinion that the time is coming
when 1.-The last box of Spanish raisins, the las.
pound of French prunes, the last bale Of i'm
ported almonds aud walnuts, will have disap-
peared from the markets Of America forever,
driven out by cheaper and better supply from
California. Speed the Gay. Everybody car
join q party that has for its motto Anne rican
fruits for Americans.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

Ir court can issue a writ to compel leg
islative body to accept any particular person
as presiding officer, what can it not dot The
subordination Of the legislative to the judi
cial department would be complete.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

emit session. If he has any conception Of the
proper functions of presiding officer he has
evidently shaped his conduct on directly
opposite line He seems to think the duties
of President of the Senate are about on
par with those of Democratic challenger on
election day.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
THE INDIANAPOLIS JOURNAL

Can be found at the following places
LONDON-American Exchange in Europe, 449
Strand.
PARIs-American Exchange in Paris. 80 Boulevard
des Capucines-
NEW YORK-Gedney House and Windsor Hotels.
CHICAGO-Palmer House.
cISCINNATI-J. P. Haqgloy & Co., l54 Vine street.
LoUISvILLE-C. r. bearing. northwest corner
Third and jefferson streets.
ST LOUIS-Union News Company, Union Depot
and Southern Hotel
WASHINGTON, D. G. Riggs House and Ebbits
House.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

A CaLIFoRSIA paper heads the account of the
Princess Isabella's break down in forest near
Madrid as an Accident to the Royal Baby.
Carriage As the Princess is .hirty-six years
old the carriage was probably Of grown-up siza
The California editor, in his linguistic 70
searches, seems not 10 have grasped the groas
fact that royal 4infanta" is not necessarily Ar
infant in arms.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

faster. There is no demand for any Of these
improvements. What the public really yearnt
for is toboggan which will haul the passengsf
up hill after he has once got down The man
who invents one that will do this will soon hav,
wealth enough to spend his winters in the South
where no snow is.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

THE attention of Mr.. Turpie is called to the
fact that Mr. Cleveland, whom the Indiana
editors so love, has removed United States
district attorneys for partisanship far less act
i've and offensive than his own.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19

The citizens committee of one hundred
have accomplished such excellent results al
ready that 1t is TO be hoped they will not relax
their efforts in investigating the election
frAsAs iH this county. Nothing is done while